Shakuntala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.362 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -JOGBANI District- ARRARIA ====================================================== Shakuntala Devi Wife of Mohan Jha Resident of Village-Bathnaha, Brahman Tola, P.S-Bathnaha, District-Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 10-03-2015 Heard learned counsels for the petitioner, State and the informant.
The petitioner being the sister-in-law (Gotni) of one of the victims is languishing in custody since 15.07.2014 in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code. Subsequently, sections 302 and 201/34 of the IPC were also added.
The sister and brother-in-law of the informant went traceless, though, some blood stained and other incriminating materials were found in the premises of the brotherin-law of the informant. Subsequently, the husband of the
Patna High Court Cr.Misc. No.362 of 2015 (03) dt.10-03-2015 2/3 petitioner, namely, Mohan Jha made confession to the effect that he and his son Chunnu Jha killed the sister and brother-in-law of the informant in the background of serious land dispute, though, during investigation it was gathered that the petitioner assisted in disposing of the dead body.
It is submitted by learned counsel for the petitioner that only on suspicion and on confession before the police by the husband of the petitioner the petitioner has been roped in the present case, though, there is serious land dispute and similarly situated accused Sudhir Kumar Jha has been granted bail vide Cr. Misc. No. 46248 of 2014.
It is submitted by learned counsel for the informant that the petitioner had a motive to eliminate the sister and brother-in-law of the informant and the confession of the husband of the petitioner suggests that she participated in disposal of the dead body.
Considering the fact that after going through the case diary the learned APP does not controvert the contention of the petitioner that there is no direct evidence against the petitioner, who is a lady, and similarly situated accused has been granted bail, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two
Patna High Court Cr.Misc. No.362 of 2015 (03) dt.10-03-2015 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 70 of 2014.
(Dinesh Kumar Singh, J) DKS/- U T